Hauraki District Council
District Licensing Committee
MINUTES OF A MEETING OF THE DISTRICT LICENSING COMMITTEE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON THURSDAY 18 SEPTEMBER 2014 COMMENCING AT 1.00PM
Cr P A Milner (Chairperson), Mrs D M Carmine and Mr Denis Taylor
Messrs P A Thom - District Licensing Committee Advisor (Planning and Environmental Services Manager), Ingrid Taylor – District Licensing Committee Advisor, Russell Bierre - Advisor
(Applicant) Amandeep Singh - Waitakaruru Country Store
Counsel for Amandeep Singh – Welsey R Chan
(Submitters) Aaron Fraser Sergeant – Waihi Police,
L Franks (HDC – Environmental Health Officer)
There were no apologies.
Declaration of Conflict of Interest
There were no declarations.
Overview of the Proceedings
The Chairperson outlined the process for the hearing of evidence from the parties involved.
The Chairperson opened the hearing at 1.00pm.
APPLICATION FOR OFF-LICENCE (FOR PREMISES): WAITAKARURU COUNTRY STORE, 659 SH25, WAITAKARURU (1235326, 1235327)
The following papers were provided in relation to the application:
Application Information: Part 2 (774 KB) – as per the agenda
Reporting Agencies Reports
Ministry of Health (as per the agenda).
Applicant’s (presentation of evidence)
Mr Singh read his statement of evidence.
The Chair queried the submission by applicant that 65% of sales were grocery items. Mr Singh stated that it was a prediction of future sales.
The Applicant was questioned regarding the layout of where it was proposed for the alcohol to be placed in the shop.
Mr Singh responded by stating it would be by fishing and tackle equipment in an area where children generally do not go in the shop. This would be monitored by a security camera and was visible from the counter to the proposed area.
Committee member Denis Taylor questioned whether this area would be visible from the cafe when that area required service, as it could not be seen from the cafe.
Mr Singh responded that other staff would man this area to cover this need.
The Chair called for any further questioning of the applicant, and asked the applicant if that was all the evidence that would be provided. No more questions were asked of the applicant at that point.
Submitters (presentation of submission)
Sergeant Aaron Fraser gave a brief presentation, on behalf of Rex Knight (Sub-Area Commander). Submission was based on an email that was page 41 of the Hearing Agenda. The application refers to the store being a convenience store, not a grocery store; therefore it was not a suitable premise under Section 36(b) of the Sale and Supply of Alcohol Act 2012. The Police had no objection to Mr Singh being a suitable applicant. Their objection referred to the closeness of the premise to the school, and the hours of trade. He offered hours that the Police would be agreeable with for the premises to trade, being 11am until 6pm.
The Chair questioned Mr Fraser regarding the hours proposed by the Police. He responded that the store is located in a rural setting, and on a State Highway, that the Police do not want people to travel along the State Highway to buy alcohol during the majority hours of the day. Starting at 11am would remove the availability of alcohol during the early morning school time.
A member queried if it really was a convenience store as submitted by the Police as you can buy milk and bread etc, so isn’t it more like a grocery store.
Mr Fraser responded that it looks much like a convenience store not grocery, as there were a lot of ready to eat items, rather than meat or other food that needs preparation.
The Committee replied that from their site visit they saw frozen meat and other frozen food that could be prepared as a meal.
Mr Fraser agreed that you could buy products for meal, but that this was similar to many dairies in his opinion.
The DLC panel felt the premise could be likened to a Four Square Store. Mr Fraser agreed that there are many other dairies/budget stores like this premise, however his opinion was limited from not having conducted a site inspection.
A Committee member queried the Police view regarding sale of alcohol items after school time, as well as before school.
Mr Fraser stated the Police would prefer to see sales stop during after school time, with parents picking up children after school. He also stated that this would be monitored by police and a submission made if necessary.
The Chair referred to other Off Licences located on State Highways, with hours outside of the Police proposed hours of 11am until 6pm, stating it was no different to premises in Ngatea or Waikino.
Mr Fraser agreed that it was no different to Ngatea or Waikino but that they were still a concern as people can drink and travel back to store for more alcohol.
Questioning and cross examination concluded.
District Licensing Inspector
Laurie Franks, the District Licensing Inspector had submitted a report recommending the application be declined. He stated that the hardware, fishing tackle etc must be removed from the proposed sales figures as the 65% should relate to grocery items only. His objection was also based on the proposed premise being within 100m of a sensitive site, being Waitakaruru Primary School.
Committee member Mary Carmine queried Mr Franks for clarification of what was a grocery item i.e. cleaning products. Mr Franks stated that grocery items by definition are food only - not other household items.
The Chair asked for a definition of household items. Mr Franks responded again that it related to food items.
Mr Franks also stated that ice cream, sweets and other convenience store items were to be removed from the accounts.
Counsel (Wesley R Chan) commenced cross examination, and a new statement of accounts was submitted. The DLC Chair asked Counsel to guide them through account, and it was noted that it contained some items still relevant to grocery items.
The Chair queried how this new set of figures was arrived at. Counsel responded that they were an extension of previous expected/projected figures, and were not ‘actual’ figures.
The Chair further queried the fullness of the report, as it seemed there were pages missing as it appeared to not be signed.
Counsel responded that although it was not signed, it does state at the top who wrote report. It was noted that this new report was also not dated.
The District Licensing Inspector queried the figures, as they were vastly different from what was previously submitted, albeit in a similar format. Counsel stated that these were not ‘actual’ accounts, just projections.
Counsel Closing Statement
Copies of script for closing statement given to Hearing, script read by Counsel.
No other comments given by Police or District Licensing Inspector.
Applicant’s Closing Statement
The applicant stated they were agreeable to close during after school pick-up time if required, and would adhere to any conditions the DLC may propose and to the hours proposed by the Police.
Mr Singh has had previous experience with the sale of alcohol from their Te Puru Store and Garden Fresh Grocery Store. He also holds a Licence Controllers Qualification and has obtained a Manager’s Certificate. He wanted to sell alcohol to increase sales as it would make the business more viable and considered their store was more like a Four Square with extra merchandise/stock and would be happy to increase the product range if required.
He considered that people could do their weekly shopping there, and that it was a long way for the locals to drive to a large supermarket like Countdown in Paeroa.
The Chair asked the applicant if the hours proposed by the Police of 11am till 6pm was acceptable. The applicant stated he was agreeable to those hours.
The Chair asked the applicant that since the figures given are projections, could you have actual figures prepared for the District Licensing Committee. The applicant stated he could obtain these figures from his accountant in a few days.
The District Committee were satisfied with evidence submitted so far for their consideration, but wanted to see ‘actual’ figures before any decision could be made.
The hearing adjourned at 1:43pm.
The hearing re-convened, 30/10/2014 @ 1:13 pm – after copying further evidence of figures brought in by the applicant.
A further script from the applicant was also submitted.
The re-introduced the DLC members and attending submitters. The Police were absent from the re-convened hearing.
The applicant sworn in again, and read the statement submitted from the script.
The Chair questioned the applicant on invoices, asking if they could get an accurate projection if they took an average from info submitted.
The applicant agreed that this could be done, and that the figures could in fact be more.
The Chair asked if the Gilmours Store information given related to the Waitakaruru Store only, to which the applicant agreed.
The Chair queried the applicant on the mark up on his tobacco sales, and questioned if this was accurate.
The applicant stated these figures included Garden Fresh Grocery and the Waitak Country Store.
The applicant submitted that the changes they had made to the Store would increase sales, hence the figures could only be projections.
The applicant submitted that the last figures supplied on 18/09/2014 were ‘actuals’ and the figures the District Licensing Committee should work off. Copies were taken of these.
The Chair and the applicant then agreed on how to work in the tobacco figure from the sales sheets onto new figures sheets.
The Chair asked for what the applicant felt his projected figures for alcohol sales could be. The applicant stated there was not much profit from alcohol, but thinks around 7%. He stated what the sales per week were in the Garden Fresh Grocery. He felt there would be more sales at the Waitakaruru Country Store, arising from customer requests. He felt it would be a bit less to start with, until customers realised it on offer, but these sales were hard to predict. He stated his beer suppliers would be Lion Nathan and Independent Liquor and sometimes from Pak n Save.
The Chair asked about the Pak n Save dockets. The applicant stated that products are brought as required, and that tobacco purchases were more regular.
The applicant stated he would abide by the rules of the sale of alcohol if the off licence was to be granted.
The Chair asked the applicant if he was agreeable to go with the hours recommended by the Police of 11am until 6pm. The applicant agreed with these hours of trade.
The Chair stated the District Licensing Committee’s decision to be reserved, and closed the hearing at 1:36pm.
The began their deliberations and dismissed figures submitted on the statement of accounts as they did not consider they were related to grocery items.
The projection of alcohol sales added to grand total. It was found that the applicant was basically right on the threshold prescribed for a grocery store.
Committee’s Decision and Reasons
After cross examination of the applicant over the submitted projected sales figures, the hearing was adjourned and a decision made to reconvene on the 30 October 2014 to allow the applicant to provide further evidence regarding projected sales.
At the reconvened hearing on the 30th October 2014 the applicant submitted sales projections as well as supporting invoice for tobacco and grocery purchases. On the basis of this new evidence, the committee concluded that the grocery side of the business equated to approximately 52% of total sales.
There was no evidence raised that the locality, amenity and good order would be adversely affected.
Based on the evidence provided, and cross examination of the applicant under oath, the District Licensing Committee was satisfied that the issues raised had been addressed.
Having considered the evidence in relation to the criteria specified in sections 105 and 106 of the Sale and Supply of Alcohol Act 2012, the Committee was satisfied that the evidence satisfies the object of section 4 of the Sale and Supply of Alcohol Act 2012 and the application be granted.
THAT the application for Off Licence of Amandeep Singh be granted.
DLC14/01 Milner/Carmine CARRIED
Off Licence: Waitakaruru Country Store
Pursuant to the Sale and Supply of Alcohol Act 2012 (the Act), Amandeep Singh (the licensee) is authorised to sell alcohol on the premises situated at 659 State Highway 25, Waitakaruru and known as Waitakaruru Country Store, to any person for consumption off the premises and to supply alcohol free, as a sample, for consumption on the premises.
If this licence is not endorsed under section 40 of the Act, the licensee is also authorised to sell alcohol on or from the premises and deliver it somewhere else.
The authority conferred by this licence must be exercised through a manager or managers appointed by the licensee in accordance with Subpart 7 of Part 2 of the Act.
This licence is subject to the following conditions:
(a) no alcohol is to be sold or delivered on Good Friday, Christmas Day, or before 1 pm on Anzac Day
(b) no alcohol is to be sold or delivered on Easter Sunday unless the alcohol is grape wine or fruit or vegetable wine made—
(i) on the premises; or
(ii) from grapes or fruit harvested from land on which the premises are situated:
(c) no alcohol may be sold other than—
(i) beer that complies with the appropriate New Zealand food standard for beer; or
(ii) mead that complies with the appropriate New Zealand food standard for mead; or
(iii) fruit or vegetable wine that complies with the appropriate New Zealand food standard for fruit or vegetable wine; or
(iv) grape wine that complies with the appropriate New Zealand food standard for grape wine; or
(v) a food flavouring, prepared for culinary purposes, that is unsuitable for drinking undiluted.
(d) alcohol may be sold only on the following days and during the following hours:
Monday to Sunday from 11am until 6pm.
(e) a single area of sale of alcohol is required to be allocated, not an area of thoroughfare, and an area that does not include other grocery items. As outlined in the application, in the north-eastern corner of the store.
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, this licence continues in force—
(i) until the close of the period for which it was last renewed; or
(ii) if it has never been renewed, until the close of the period of 12 months after the day it was issued; but
(b) if an application for the renewal of the licence is duly made before the licence would otherwise expire, either—
(i) until the close of the period of 3 years after the period for which it was last renewed; or
(ii) if it has never been renewed, until the close of the period of 4 years after the day it was issued.
DATED at Paeroa this 12th day of November 2014
Hauraki District Licensing Committee
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the Act relating to the suspension and cancellation of licences, the licence expires on:
The 12th day of November 2015
The meeting closed at 2:15pm
P A Milner